fi84dignity (Sr fighter) 07 July 2013

Dv in a civil court

I have a HAMA sec 18, sec 20 filed on me in a

civil court. Along with it, a

DV case asking for reliefs sec 18, 20, 21 read with sec 26

which allows for reliefs in a civil proceeding.

A DV section 23 interim relief has also

been filed. Is this maintainable when read with DV sec 26 in a civil court ?

Should I fight for cancellation ?

Would the DV main case run under CPC procedure since it is in civil court ?

my friends have all DV case running in criminal courts,

what are main differences I should be careful about ?

Is perjury crpc 340 allowed on a DV case if

running in the civil court ?

can I use crpc 91 to request bank statements /

salary slip, etc of the opponent ?

Or if not possible in civil court, then is there an alternative

way to procure bank stmnt/ salary slip ?

Adv k . mahesh (advocate) 10 July 2013

try to get evidences if you could not get then you can request the court to appoint commissioner to appoint and to collect the evidences

fi84dignity (Sr fighter) 17 July 2013

Adv Mahesh, thank you. would the commissoner be able to get bank statements/ employer production of payslip?

If DV in criminal court, via crpc 91, the employer & bank can be summoned to produce bitter half's income proof/ bank statements.

what is the equivalent procedure via CPC, since my DV case running in civil court clubbed with HAMA suit via DV section 26 ?

Thanking you in advance

fighting back (exec) 17 July 2013

@kmahesh.......sir, can be commissioner be only appointed in DV cases, ? what about divorce cases, can be use the service of the commissioner too?